Townsend v. Johnson
Townsend v. Johnson
Opinion of the Court
— Delivered the opinion of the Court. It is admitted in the case, that the principal question on the trial, wras the boundary line of two tracts of land. The acts and declarations of Mr. Hand, under whom the defendants claimed title, relative to the boundary line, made and done while he was in possession [*] and owned the land, was competent evidence to go to the jury; that he showed the jury on the view, a different corner, made no difference; lie could give no evidence on the view; and even if he had done it, the testimony was admissible on another ground; this evidence was not conclusive, but would go to show the understanding of Mr. Hand at the time, and to explain an ancient transaction. The deed to Jenkins of a tract of land adjoining the land in controversy, calling for a corner in Townsend’s swamp, in the lino of Hand’s swamp, made up
Rule for a new trial made absolute.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.